A Florida drunk driving arrest creates two separate cases – in criminal court, and at the Department of Motor Vehicles. Motorists arrested in Florida for DUI / DWI or driving under the influence of driving under the influence of drugs (DUID) have just 10 calendar days from the date of arrest to request a DMV hearing that will determine the status of the driver’s license.

In order to suspend a driver’s license, the DMV must prove three facts by a preponderance of the evidence – the lowest standard of proof in the law. The DMV hearing officer must establish that the arresting officer had a reasonable belief that the driver was under the influence, that the arrest was lawful, and that the driver had a blood alcohol content (BAC) of .08 percent or greater while driving a motor vehicle. If all three of these facts are proven, the driver’s license will be suspended.

DMV administrative proceedings are unusual in that the hearing officer serves as both prosecutor and judge. The hearing officer will attempt to enter the police report, the driver’s chemical test results, and other documents into the record. A skilled Florida DUI / DWI criminal defense attorney will argue that those documents should be suppressed because they constitute hearsay and are not admissible as evidence.

The attorney may also challenge the admission of chemical test results. If the hearing officer is unable to establish certain facts supporting the chemical test, the results cannot be used. If this evidence cannot be introduced into the record, the DMV has no other way to establish a driver’s blood alcohol content.

Although the DMV’s case is typically driven by documents, not witnesses, the defense lawyer may use witness testimony to present the case.  Testimony from the driver or a passenger may be useful to the defense. Witness testimony may be presented live, or through a sworn statement or declaration. 

The driver’s chemical test results may be as useful to the defense as it is to the DMV. An independent forensic alcohol specialist may determine that the driver’s BAC was lower than .08 percent at the time of driving.

Once the defense attorney presents the driver’s case, the hearing officer will take it under submission.  The driver receives the decision in the mail – usually in one to two weeks, but it is not uncommon for a month or more to pass before the ruling arrives.

An accused drunk driver’s DMV hearing can result in two possible outcomes.  Obviously, the preferred result is for the DMV hearing officer to set aside the suspension of the driver’s license.  This means that the driver has won his or her case, and can get a duplicate license from the DMV at no charge. If the driver’s hearing is unsuccessful, his or her license will be suspended for six to 18 months.